The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
that the personal character of Henry the Eighth had a great deal to
do with the final preservation of our liberties. Do not for a moment
fancy that I belong to that school of paradox which sets up Henry the
Eighth as a virtuous and beneficent ruler. Do not think that I claim
for him any feelings of direct thankfulness such as I do claim for
Earl Simon and King Edward. The position of Henry is more like the
position of William the Conqueror, though I certainly hold that the
Conqueror was in everything the better man of the two. Both served the
cause of freedom indirectly, and both served it by means of features
in the personal character of each. In one respect indeed William and
Henry stood in utterly different positions towards England. William was
a stranger, and it was largely because he was a stranger that he was
able to do us indirect good. Henry, with all his crimes, was a thorough
Englishman; throughout his reign there was a sympathy between him and
the mass of his subjects, who, after all, did not greatly suffer by the
occasional beheading of a Queen or a Duke. But the despotism of William
and the despotism of Henry agreed in this, that each, even in his worst
deeds, retained a scrupulous regard for the letter of the Law. In the
case of William this is not hard to see for any one who carefully
studies the records of his age(63); in the case of Henry it stands
boldly proclaimed in the broadest facts of English history. While his
fellow-tyrants abroad were everywhere overthrowing free institutions,
Henry was in all things showing them the deepest outward respect.
Throughout his reign he took care to do nothing except in outward and
regular legal form, nothing for which he could not shelter himself
under the sanction either of precedent or of written Law. In itself,
this perversion of Law, this clothing of wrong with the garb of right,
is really worse—at all events it is more corrupting—than deeds of open
violence against which men are tempted openly to revolt. But such a
tyranny as Henry’s is one form of the homage which vice pays to virtue;
the careful preservation of the outward forms of freedom makes it
easier for another and happier generation again to kindle the form into
its ancient spirit and life. Every deed of wrong done by Henry with the
assent of Parliament was in truth a witness to the abiding importance
of Parliament; the very degradation of our ancient Constitution was a
step to its revival with new strength and in a more perfect form(64).
Public-domain text, read in full here on John Shaqi.
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